1. International cooperation in criminal matters in the XXIth century: towards a new approach?

2. Speakers 1. John Vervaele: Introduction 2. Gert Vermeulen: Transnational criminal law and MLA- civil law perspective 3. Anne Gallagher : Transnational criminal law and MLA- common law perspective 4. Vladimir Aras: Experience with MLA in Latin America 5. Zlata Durdevich: MLA in the framework of the international criminal courts 6. Katalin Ligeti: Defence rights in international cooperation

3. Vervaele: Introduction Updating the tools (renewal) of existing treaty-framework Updating the institutional design Duty to cooperate and limited exceptions Applicable law The position of defense/victims Updating Model Treaties: civil law- common law divide?

4. Vermeulen Need for direct cooperation Need for enhanced expediency Fuller regit actum principle Telephone/conference hearings JIT’s Real-time investigative measures Refusal grounds/defense/ne bis in idem Corporate crime Intelligence community

5. Gallagher Introduction: background and context Common law challenges Key issue: origin of the request Problems of recognition Problems of delay A new approach? (Informal prosecutor to prosecutor contact followed by expedited formal procedures) Trafficking in persons The role of ILC in TIP cases Obstacles Opportunities The ASEAN experience

6. Arras Lack of proper legislation on MLA and extradition No rules to allow the free movement of evidence No legal scheme for cooperation in border zones (cross-bordercooperation) Poor capacity to enforce foreign judgments No experience to transfer criminal proceedings

7. Durdevic International cooperation with the ICC: status quo or improvements? Vital importance of international cooperation for international criminal courts Types of cooperation – investigative, procedural, administrative, political, diplomatic – mandatory / voluntary Actors of cooperation and their obligations – state parties – non-party states – international organizations – civil society Non-cooperation: reasons, justifications and excuses – lack of political will on national and international level – competing international obligations – subsidiarity: inadequate national legal framework – peace v. justice dilemma – statutory obstacles (domestic proceedings, national security interests) New developments: status quo or improvements?

8. Ligeti MLA and the position of the defence: mere object of the cooperation between states? Main challenges for the defence resulting from MLA - can the defence use MLA to collect evidence? - can the defence participate in the execution of MLA requests? - who is responsible for investigative measures undertaken in different countries? - how to control the legality of investigative measures undertaken abroad? Need for a reformed MLA that provides for an improved equality of arms in the transnational setting by - granting the right to the defence to collect evidence by MLA, - allowing for the defence to participate in the execution of requests, - providing for violation of human rights as a ground to refuse MLA. MLA should acknowledge the defendant as a legal subject with rights and remedies!